The Accra High Court presided by the respected Justice of the Court of Appeal, Francis Achibonga JA has struck out Radiatu Abdulai, Counsel for EOCO from the representation of the A-G in the prosecution of the former Chief Executive Officer (CEO) of National Food and Buffer Stock Company, Mr. Hanan Abdul-Wahab Aludiba & some four other persons.

Justice Achibonga, reputed for mastery of Court procedure removed the learned Radiatu Abdulai from the record as part of the representation for the State upon the stout objection raised by counsel for the first accused, Godfred Yeboah Dame, to the A-G’s continued prosecution of the matter with a lawyer from EOCO. According to the boisterous argumentation of Mr. Dame, a former A-G, Counsel from EOCO, Radiatu Abdulai has no authorisation from the A-G to prosecute.

In his robust arguments, Mr. Dame contended that the Law Officers Act of 1974 (NRCD 279) and the Legal Services Act of 1993 regulated the performance of functions of the Office of the Attorney-General. Per the Law Officers Act, only public officers mandated by an executive instrument and certified to be on a rank equivalent to one of the posts in the Office of the Attorney-General, can appear in court with the Attorney-General or be mandated to prosecute or perform the functions of the A-G.

The learned Godfred Yeboah Dame indicated that the foundation for the Law Officers Act is the Constitution. Article 88(4) of the Constitution mandates the Attorney-General to delegate his functions only in accordance with law. That law must be one of the laws of Ghana known to Article 11 of the Constitution.

A-G fires back

The learned Esi Yankah, Principal State Attorney, submitted on behalf of the prosecution that a direction given by the A-G to a person under section 1 of the Law Officers Act cannot be questioned. According to the State Attorney, the Deputy Attorney-General, the learned Dr. Justice Srem-Sai had been appearing in court with Radiatu Abdulai of EOCO and therefore, that should be deemed by the court to constitute sufficient authorisation by the Attorney-General for Radiatu Abdulai to wage prosecution against the accused persons.

STAR OF THE MONTH - Yvonne Atakora Obuobisa Esq.

Celebrating 150 years of the Supreme Court of the Republic of Ghana

Produce authorisation

In his view of the objection raised by the Defence, the learned Achibonga observed that what could not be questioned under the Law Officers Act was a direction given by the Attorney-General pursuant to the due authorisation which must, in the first place, be compliant with law. The authorisation or absence thereof itself could be questioned. The learned judge further noted that at the previous adjourned date, he had given the A-G an opportunity to produce the authorisation of the EOCO officer to prosecute the case with the A-G which they had still not been able to produce.

In what appeared to be a magnanimous lifeline to the State, Justice Apangano Achibonga who performs additional duties as a High Court judge said he would proceed to grant the A-G a last chance to produce any authorisation, if same existed, but would expunge the name of the Assistant Staff Officer from EOCO, the learned Radiatu Abdulai, appearing as counsel for the Republic. The court adjourned proceedings in the case in the Criminal 3 Division of the High Court to Tuesday, the 5th day of May, 2026.

See here for full charge sheet against Mr. Hanan Abdul-Wahab Aludiba & others